Check out http://auda.org.au/domain-news/dn-news for
the latest domain news. By COB Melbourne time on 1
September, a more recent edition of the news will
normally be posted to the auDA web site. The domain
name news is supported by auDA.
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DOMAIN NAMES
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us: Rev. Jerry Falwell Loses Bid to Shut Down
Disapproving Web Site (news release)
In a victory for free speech on the Internet, a New
York man ordered to transfer the domain name
www.fallwell.comto the Rev. Jerry Falwell will be
allowed to keep the Web site, the United States Court
of Appeals for the Fourth Circuit has ruled.
http://citizen.org/pressroom/release.cfm?ID=2030
us: Jerry Falwell Critic Can Keep Domain Name, Appeals
Court Says
I want to call your attention to a very important
Internet free speech decision, perhaps the most
significant of our domain name cases from the past
several years.
http://www.circleid.com/article/1177_0_1_0_C
us: 4th Circuit's decision in Lamparello
In a decision on an appeal aided by the Berkman Center
Clinical Program in Cyberlaw, the United States Court
of Appeals for the Fourth Circuit on Wednesday
overturned a federal trial court decision requiring
the operator of a ?gripe site? to forfeit the domain
name of the site to the party the site was set up to
criticize. Plaintiff Christopher Lamparello set up a
web site, www.fallwell.com, to criticize the Reverend
Jerry Falwell?s views on homosexuality and to offer an
alternative biblical analysis. In a significant
victory for free speech on the Internet, the Court of
Appeals? held that Lamparello?s web site did not
violate either federal trademark law or the federal
anti-cybersquatting statute.
http://cyber.law.harvard.edu/home/home?wid=10&func=viewSubmission&sid=796
us: Falwell critic can keep domain name
A Web site with a domain name resembling Rev. Jerry
Falwell's can continue to vent about the preacher's
anti-gay views, a federal appeals court ruled on
Wednesday.
http://news.com.com/Falwell+critic+can+keep+domain+name/2100-1030_3-5842795.htmlhttp://www.usatoday.com/tech/news/2005-08-25-falwell-web-site_x.htmhttp://www.firstamendmentcenter.org/news.aspx?id=15694http://www.ktvu.com/technology/4895216/detail.htmlhttp://smh.com.au/news/breaking/trademark-ruling-goes-against-falwell/2005/08/25/1124562951721.htmlhttp://www.365gay.com/newscon05/08/082405falwell.htmhttp://www.kron4.com/Global/story.asp?S=3763198http://www.wavy.com/Global/story.asp?S=3761487
uk: Saudi militant pulls plug on website in advance of
Home Office crackdown (free for 2-3 days)
One of the most notorious Islamist militants living in
Britain, the Saudi dissident Muhammad al-Massari, has
closed down his controversial website and hinted he
could leave the country. ... His Arabic language
website, tajdeed.net, one of a number of "jihadi"
websites, is expected to be targeted under sweeping
new anti-terrorism powers, outlined by the Prime
Minister last month, to crack down on those who
"glorify" terrorism.
http://news.independent.co.uk/uk/crime/article308633.ece
nz: Domain-name body going ahead
A challenge to the legitimacy of Britain's internet
address registry, Nominet, appears unlikely to halt
moves to establish a New Zealand domain name
dispute-resolution process based on the Nominet model.
http://www.nzherald.co.nz/index.cfm?mode=headlines&c_id=5&objectid=10331747
Chinese .CN domain name registrations top Japanese .JP
About 720,000 websites under the domain name of "CN"
have been registered in China by the end of July 2005,
according to latest statistics released by the China
Internet Network Information Center (CNNIC).
http://www.tomshardware.com/hardnews/20050825_111125.htmlhttp://vweb.cycnet.com/cms/2004/cycenglish/news/t20050825_30879.htmhttp://en.ce.cn/National/sci&edu/200508/25/t20050825_4520871.shtmlhttp://news.xinhuanet.com/english/2005-08/24/content_3397992.htm
in/au: SBI arm wins cybersquatting case
SBI Card and Payment Services Private Limited, the
credit card arm of the State Bank of India (SBI),
received a shot in the arm when it won a case of
cybersquatting against Domain Active Pty Limited, an
Australian dotcom company.
http://www.tribuneindia.com/2005/20050825/biz.htm#6http://www.telegraphindia.com/1050822/asp/business/story_5140754.asp
us: Criticism of Trademark Owner Deemed Legitimate
Interest under ICANN UDRP
BioCryst Pharmaceuticals, Inc., of Birmingham,
Alabama, challenged registration of domain name
www.biocrystpharmaceuticals.com. Respondent used
domain name to criticize the Complainant's business.
... This case is different from McLane Company, Inc.
v. Fred Craig, WIPO Case No. D2000-1455, because the
Respondent is not using the Complainant's mark to
criticize the industry in general. Its criticism (on
the site to which the domain name resolves) is very
clearly directed at the Complainant.
http://www.circleid.com/article/1176_0_1_0_C
Legal Experts Weigh In on Domain Arbitration
It has kept domain disputes involving huge companies
and small profiteers known as "cybersquatters," as
well as other Internet Learn how the leader in
Internet services can help you start and grow your
business online. Network Solutions. Go Farther.
address disputes, out of court, but is the domain
arbitration that is mandatory for ICANN domain
registrants fair?
http://technewsworld.com/story/GnDt5N67zp1Y8M/Legal-Experts-Weigh-In-on-Domain-Arbitration.xhtml
Bush, Pornographers Bash .XXX
Amazon is selling sex toys. KY has expanded beyond its
pharmaceutical niche to launch a line of massage oils
that double as lube. And Bush and the porn industry
are united against the proposed .xxx top-level domain.
http://www.wired.com/news/culture/0,1284,68640,00.html
Root servers and IP version 6 and .xxx
Deals with the approval and then put on hold of .xxx.
And goes on to say " It seems that when the US
Department of Commerce shouts ?jump? the only question
ICANN dares ask is ?how high?? You have to feel a
certain degree of sympathy for ICM Registry, the
company set up over five years ago to push for the
idea of an adult-only domain. After their original
proposal was rejected they have lobbied, argued,
persuaded and jumped through more bureaucratic hoops
than a well-trained circus seal. They are even working
with a Canadian non-profit organisation to ensure that
only ?responsible? pornographers get .xxx domains."
http://p2pnet.net/story/6057
de: IP carrier Level3 blocks website on router level
The US IP carrier Level3 has blocked access by German
customers to a website and the IP address that goes
with it. The website in question is a commercial
"Snuff Site" that without effective age limitation of
any kind offers against payment videos of, for
example, genuine executions or of people killed as a
result of natural disasters (such as, for instance, of
victims of the recent tsunami in the Indian Ocean).
According to its own statements the German branch of
Level3 was made aware of the site by the German
organization dedicated to the protection of children
and adolescents jugendschutz.net. The child protection
organization had called on the company to remove the
content from the Net.
http://www.heise.de/english/newsticker/news/63223
>From UDRPlaw - Five Complainants Join Together To Win
UDRP Case (http://udrplaw.blogspot.com)
Five subsidiaries of GlaxoSmithKline PLC joined
together in one UDRP case against Indian registrant
Pradeep Dadha over his registration and use of 12
domain names containing the names of GlaxoSmithKline
drugs with the words "Buy Generic". No response was
filed by Dadha, and Panelist John J. Upchurch ordered
the domain names transferred to the five
co-complainants. The decision may be the first UDRP
action involving five co-complainants. Decision at:
http://www.arbforum.com/domains/decisions/514979.htm
Why you need to add ?protect domain name? to the
security checklist
While name holders can take measures to protect their
domain names against theft and loss, many measures are
not generally known.
http://www.securitypipeline.com/170000128http://www.networkingpipeline.com/showArticle.jhtml?articleId=170100168
in: New Instance of RIPE NCC Operated K-root Server
Deployed in Delhi, India
The RIPE NCC in cooperation with APNIC have deployed a
new global node instance of the K-root Internet root
name server at the National Internet eXchange of India
(NIXI) in Noida, Delhi, India.
http://ripe.net/news/kroot-delhi-200508.html
uk: UK Internet Industry more buoyant than ever
The growth of the UK internet Industry is seeing no
signs of slowing down, with more than 150 UK web
addresses being registered every hour of every day
according to Nominet, the .uk domain name registry.
The latest figures from Nominet show that there are
now more than 4.2 million registered .uk web
addresses.
http://www.nominet.org.uk/News/PressReleases/2005PressReleases/UkInternetIndustryMoreBuoyantThanEver.html
Domainsite.com Makes CentralNic Country-Specific
Domain Names Available
If you've been wanting to register "anything.com" and
it hasn't been available, you might now be able to get
"anything.us.com" instead.
http://www.webhostdir.com/news/articles/shownews.asp?id=12901
Drinking for IP law change
P-to-P file-trading enthusiasts like to rant about the
draconian steps taken by groups like the RIAA to
enforce laws protecting their intellectual property
rights, but can they be organised into a viable
political force? [includes a reference to Esther
Dyson]
http://www.idg.com.sg/ShowPage.aspx?pagetype=2&articleid=2473&pubid=5&issueid=60
.eu Roadshows in 6 European cities
EURid's is holding information meetings in Brussels on
10th October and Stockholm on 26th October with
Ljubljana, Prague, Pisa and Madrid to follow.
http://www.eurid.eu/news/archive/roadshows
Network Solutions Opens .eu Pre-Registrations
Network Solutions, an ICANN accredited registrar and a
provider of web services, yesterday announced that it
is now accepting pre-registration requests for .eu
top-level domain names.
http://onlypunjab.com/fullstory2k5-insight-news-status-13-newsID-28334.htmlhttp://www.hostreview.com/news/news/050824NetworkSolutions.html
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WSIS & GOVERNANCE
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Statement opposing political intervention in the
internet?s core technical administrative functions -
Internet Governance Project www.internetgovernance.org
The partners of the Internet Governance Project, plus
a number of civil society groups and individuals, have
written to express their concern over the August 11,
2005 request by the U.S. Department of Commerce?s
National Telecommunications and Information
Administration to delay, and possibly deny, a gTLD
delegation decision by ICANN's Board. The group writes
the intervention by the NTIA raises important issues
regarding the appropriate role of governments in the
global administration of the Internet.
The group writes that the NTIA?s intervention in .xxx
undermines those assurances. It calls into question
the neutrality of the U.S. government?s special
authority over ICANN.
The group/project concludes by saying this watershed
in the evolution of Internet governance creates real
dangers, but also opportunities and urge the ICANN
board not to make any concessions or statements that
would encourage more such interventions in the future.
We urge the world?s governments to take a more
deliberative and procedurally sound approach to the
reform of ICANN.
http://dcc.syr.edu/signaturepost.asphttp://dcc.syr.edu/miscarticles/STATEMENT-XXX.pdf
us: NSF Preps New, Improved Internet
The National Science Foundation is backing a major
initiative that could lead to a completely new
internet architecture, with built-in security measures
and support for ubiquitous sensors and wireless
communications devices, among other things.
http://www.wired.com/news/technology/0,1282,68667,00.html
Africa Civil Society Prepcom Briefing
The WSIS PrepCom III of Phase II of the WSIS ? will
take place from September 19-30 and will be the last
meeting for negotiation of the final Tunis documents.
The following document outlines briefly the documents
that will be negotiated, how they will be negotiated,
and different opportunities for lobbying and the
timetable for negotiations for PrepCom III.
http://africa.rights.apc.org/index.shtml?apc=he_1&x=1060734
za: WGIG Focus On Policy Issues Worries South African
Internet Society
Internet Society (ISOC) South African chapter is
concerned that the Working Group on Internet
Governance (WGIG) report is too heavily focused on
policy issues.
http://allafrica.com/stories/200508240782.html
za: South African Civil Society Learn About WSIS
The biggest SANGONeT information communication
technology (ICT) discussion forum with Civil Society
Organisations of South Africa have started in Cape
Town with an opportunity for the general public to
learn about the WSIS.
http://allafrica.com/stories/200508240783.html
CIPACO project - Discussion on WSIS Prepcom 3 and the
report of the WGIG
Organized by the African Civil Society for the
Information Sociey (ACSIS) with the collaboration of
PIWA (CIPACO project) and APC. From 24 August to 17
Septembre 2005.
http://www.cipaco.org/rubrique.php3?id_rubrique=36&lang=en
Input Document of Ambassador Janis Karklins, President
of PrepCom of the Tunis Phase of the WSIS, for
discussion at the 7th GFC Meeting on 5th September
2005.
Revised Input to the 7th meeting of the WSIS Group of
Friends of the Chair (GFC) (September 5-7 2005).
Possible draft text for paras 10, 11 and 29 of the
Operational Document and summary of new proposals from
governments and other stakeholders
http://www.itu.int/wsis/documents/doc_multi.asp?lang=en&id=1671|0
Compilation of comments on chapter one (implementation
mechanism) and chapter four (the way ahead) of the
operational part
The document is a compilation of textual changes
proposed to the draft of chapters one and four of the
operational part (WSIS-II/PC-2/DOC 3). These changes
are based on new proposals received since the
completion of PrepCom-2 (17-25 February 2005). As
such, they complement the original compilations of
proposals made during PrepCom-2, contained in
documents DT/2 (rev.3) and DT/5. This document
summarises only those contributions that suggested
specific drafting changes.
http://www.itu.int/wsis/documents/doc_multi.asp?lang=en&id=1618|0
Paper "Food for thought" of Ambassador Janis Karklins,
President of PrepCom of the Tunis Phase of the WSIS,
for discussion at the Informal consultation meeting on
13 June 2005
The new proposals in this paper will be in addition to
the written comments and proposals presented during
the first reading of the operational part on 21
February, contained in the compilation documents on
chapter one (DT-2 Rev. 2) and chapter four (DT-5)
respectively. The compilation document of new
proposals received by 31 May 2005 will be issued as a
reference document prior to the PrepCom-3, and these
proposals will be examined by the GFC. They will also
be posted on the WSIS website.
http://www.itu.int/wsis/documents/doc_multi.asp?lang=en&id=1604|0
***************
RESEARCH PAPERS
***************
OECD: Communications industry rebounding but Internet
throws up new challenges, says OECD
The communications industry has returned to
profitability but developments in Internet technology
are challenging the role and business model of
traditional telecoms companies, creating pressures for
a new approach to industry regulation, according to
the OECD?s Communications Outlook 2005. [The report
discusses the threats to fixed and mobile operators
from technologies such as Skype; that service
operators will increasingly offer integrated video,
voice and data products in a single service package;
the growing popularity of downloading video from the
Internet will reduce the time people spend watching
free-to-air TV; and increasing competition from new
platforms, notably broadband Internet, with
traditional broadcast or telecoms providers may
require a re-examination of existing regulatory
frameworks.
http://www.oecd.org/document/0/0,2340,en_2649_37409_35263168_1_1_1_37409,00.html
Mobile and fixed line telcos challenged by VoIP, says
OECD
The growing popularity of internet telephony threatens
both the fixed-line revenues of traditional telcos and
the profits of mobile operators, according to a new
report from the Organisation for Economic Co-operation
and Development (OECD).
http://out-law.com/page-6052http://smh.com.au/news/breaking/oecd-foresees-voip-revolution/2005/08/25/1124562951952.html
+++++++++++++++++++++++++++++++
Sources include Quicklinks <http://qlinks.net/> and
BNA Internet Law News <http://www.bna.com/ilaw/>.
+++++++++++++++++++++++++++++++
(c) David Goldstein 2005
David Goldstein
address: 4/3 Abbott Street
COOGEE NSW 2034
AUSTRALIA
email: Goldstein_David &#167;yahoo.com.au
phone: +61 418 228 605 - mobile; +61 2 9665 5773 - home
* Note new address and home phone number as of 28 May 2005.
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